Idaho Divorce Laws

The spouse filing for divorce must have been a resident of Idaho for 6 full weeks immediately prior to filing for divorce. The divorce should be filed in: (1) the county where the defendant resides or (2) if the defendant is not a resident of Idaho, the county where the plaintiff resides or designates in the complaint.

Legal Grounds for Divorce

No Fault Divorce:

Irreconcilable differences

Living separate and apart without cohabitation for a period of 5 years

[Idaho Code; Title 32, Chapters 603 and 610].

General Divorce:

Adultery

Permanent insanity

Conviction of a felony

Willful desertion

Extreme cruelty

Willful neglect

Habitual intemperance (drunkenness)

Simplified/Special Divorce Procedures

Divorces may be granted upon the default of the defendant. In addition, marital settlement agreements are specifically authorized. They must be in writing and notarized in the same manner as deeds. If the marital settlement agreement has any provisions which concern real estate, it must be recorded in the county recorder’s office.

Divorce Mediation or Counseling Requirements

There is a mandatory 20-day delay in the granting of all divorces, unless there is an agreement by the spouses. During this period, either spouse may request that there be a meeting held to determine if there is any practical chance for reconciliation. If there is determined to be a chance for reconciliation and there are minor children of the marriage, the court may delay the proceedings for up to 90 days for an attempt at reconciliation.

The court will divide all other property (the community property) of the spouses in a substantially equal manner, unless there are compelling reasons to provide otherwise. The court will consider the following factors:

Any marital misconduct

The length of the marriage

The age and health of the spouses

The occupation of the spouses

The amount and sources of income of the spouses

The vocational skills of the spouses

The employability of the spouses

Any premarital agreement

The present and potential earning capability of each spouse

Any retirement benefits, including social security, civil service, military and railroad retirement benefits

The liabilities of the spouses

The needs of the spouses

Whether the property award is instead of or in addition to maintenance

Alimony and Spousal Support

The court may award maintenance to a spouse, if that spouse:

Lacks sufficient property to provide for his or her reasonable needs

Is unable to support himself or herself through employment

The award of maintenance is based on the following factors:

The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment

The duration of the marriage

The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support

The financial resources of the spouse seeking maintenance, including marital property apportioned to such spouse and such spouse’s ability to meet his or her needs independently

The tax consequences to each spouse

The age of the spouses

the physical and emotional conditions of the spouses

The fault of either party

Child Custody

Joint or sole child custody may be awarded according to the best interests of the child, and based on the following factors:

The preference of the child

The wishes of the parents

The character and circumstances of all individuals involved

The relationship of the child with parents, siblings, and other significant family members

The child’s adjustment to his or her home, school, and community

A need to promote continuity and stability in the life of the child

Domestic violence, whether or not in the presence of the child

Joint custody is allowed if it can be arranged to assure the child with frequent and continuing contact with both parents. Unless shown otherwise, it is presumed that joint custody is in the best interests of the child.

Child Support

The court may order either or both parents to provide child support until the child is 18, without regard to marital misconduct, and based upon the following factors:

The financial resources of the child

The standard of living the child would have enjoyed if the marriage had not been dissolved

the physical and emotional conditions and educational needs of the child

the financial resources, needs, and obligations of both the noncustodial and the custodial parent (normally, not including the parent’s community property share of the financial resources or obligations with a new spouse)

The availability of reasonable medical insurance coverage for the child

The actual tax benefits achieved by the parent claiming the federal dependency exemption for income tax purposes

There are provisions in Idaho for child support payments to be paid to the clerk of the court unless otherwise ordered by the court. There are specific child support guidelines adopted by the Idaho Supreme Court which are presumed to be correct unless evidence is presented that shows that the award would be inappropriate or unjust. Finally, all child support orders issued in Idaho must contain provisions allowing enforcement of the order by income withholding.

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“Till death do us apart” has become a vow that feels almost archaic in this time and era. Sure we would all love to have our fairytale wedding and forever marriage. Many of us manage to have it and many of us don’t. But does that make us any less of a princess or should […]